Federal Law Mandates E-Mail Archiving - The Diigo Meta page

• 08 Feb 11
  

  Jon Castelhano
  • The Supreme Court mandate  reflects the new reality   of archiving for school  districts, namely, that in legal proceedings electronic   records are as important as  paper documents. In the early "discovery" stage of a   lawsuit, both parties are  required to produce all evidence relevant to the case.   Failure to produce important  e-mail when prompted in the discovery process-   known legally as  "e-discovery"- could mean an immediate loss of a case or a   forced out-of-court  settlement. Administrators may be dismayed by the added cost   of installing an electronic  archiving system, but according to Williams, "If we   are responsible for  e-discovery, then the cost of this installation will be   minimal compared to  potential savings in civil judgments or federal   noncompliance fines. People  need to know this is a law and must be taken   seriously.

  • The Supreme Court mandate reflects the new reality  of archiving for school districts, namely, that in legal proceedings electronic  records are as important as paper documents. In the early "discovery" stage of a  lawsuit, both parties are required to produce all evidence relevant to the case.  Failure to produce important e-mail when prompted in the discovery process-  known legally as "e-discovery"- could mean an immediate loss of a case or a  forced out-of-court settlement. Administrators may be dismayed by the added cost  of installing an electronic archiving system, but according to Williams, "If we  are responsible for e-discovery, then the cost of this installation will be  minimal compared to potential savings in civil judgments or federal  noncompliance fines. People need to know this is a law and must be taken  seriously.
• 25 Apr 08
  

  Anne Bubnic

  The 2006 amendment to the Federal Rules of Civil Procedure requires that public entities, including school districts, be able to produce electronically stored information from staff members, such as e-mail and other digital communications, during the " discovery process" in lawsuits.

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